S.C. Code § 36-9-105

Current through 2024 Act No. 209.
Section 36-9-105 - Control of electronic chattel paper
(a) A secured party has control of electronic chattel paper if a system employed for evidencing the transfer of interests in the chattel paper reliably establishes the secured party as the person to which the chattel paper was assigned.
(b) A system satisfies subsection (a) if the record or records comprising the chattel paper are created, stored, and assigned in such a manner that:
(1) a single authoritative copy of the record or records exists which is unique, identifiable and, except as otherwise provided in items (4), (5), and (6), unalterable;
(2) the authoritative copy identifies the secured party as the assignee of the record or records;
(3) the authoritative copy is communicated to and maintained by the secured party or its designated custodian;
(4) copies or amendments that add or change an identified assignee of the authoritative copy can be made only with the consent of the secured party;
(5) each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
(6) any amendment of the authoritative copy is readily identifiable as authorized or unauthorized.

S.C. Code § 36-9-105

Amended by 2013 S.C. Acts, Act No. 96 (SB 323), s 3, eff. 7/1/2013.
2001 Act No. 67, Section 12; 1991 Act No. 161, Section 2(E); 1988 Act No. 494, Section 5; 1966 (54) 2716; 1962 Code Section 10.9-105.